In re: Pharmaceutical Industry Average Wholesale Price Litigation
Docket No. 01-C V-12257-PBS, MDL No. 1456 (D. Mass.)

Welcome to the BMS AWP Settlement Website


  • On January 6, 2012 Consumer and TPP Settlement checks were mailed.
  • To view the Order Granting Plaintiffs’ Motion for Distribution of the Net Settlement Fund to Consumers claimants and Third-Party Payors, click here.
  • To view the Final Approval Order, click here.
  • There has been a revision to the settlement agreement and a rescheduled date and time for the Fairness Hearing. Please click here to view the order.
  • A copy of the Revised Notice is now available. Please click here to view the Consumer Notice.

There is a Class Action Settlement with Bristol-Myers Squibb (“BMS”) concerning drugs used for the treatment of cancers and other medical conditions. The BMS drugs included in the Settlement are:

  1. The name of the lawsuit is In re: Pharmaceutical Industry Average Wholesale Price Litigation, Docket No. 01-C V-12257-PBS, MDL No. 1456 (D. Mass.).

  2. The lawsuit claims the AWPs reported by BMS for these BMS drugs were false and inflated. The reported AWPs were used to set the amount Medicare Part B recipients, and most private insurers reimbursed for these drugs. BMS denies any wrongdoing and is settling to avoid the burden and expense of continued litigation.

  3. BMS has agreed to pay $19 million to settle claims of TPPs as well as consumers who made percentage co-payments based on AWP. BMS will also pay one-half of the cost of notice and administration of the Settlement up to $1 million.

  4. Under the terms of Settlement, 72% of the Settlement funds will be used to satisfy the claims of TPPs who file claims. The remaining 28% of the total Settlement amount will be set aside exclusively to satisfy the claims of consumers.

Please select the option that best describes your purchases of these BMS Drugs:

If You Made Full Cash or Percentage Co-Payments Through Private Health Insurance

Click Here
If You Made Percentage Co-Payments Through Medicare Part B

Click Here

A percentage co-payment is a payment that varies according to the price of the drug (i.e. 20% or 25% of the total cost). If you paid the same amount (i.e. $10, $20) per prescription, regardless of the cost of the drug, you did not make a percentage co-payment and are not included in the Settlement.

If You Are A Third Party Payor (i.e. Health Insurance Company, Self-Insured Union Health & Welfare Fund, Self-Insured Employee Health Plan)

Click Here